Judge: Mary H. Strobel, Case: 21STCP03264, Date: 2023-04-11 Tentative Ruling

Case Number: 21STCP03264    Hearing Date: April 11, 2023    Dept: 82

            Respondent Commission of Judicial Performance (“Respondent”) generally demurs to the petition for writ of mandate filed by Petitioner Brandon Leon Bibbs (“Petitioner”).

Relevant Procedural History

            On September 27, 2021, Petitioner, in pro per, filed a petition for writ of mandate against Respondent.  The petition alleges that Respondent abused its discretion by disregarding various allegations against the honorable judge Lillian Vega Jacobs and closing a complaint against Judge Jacobs on April 1, 2021.

            On March 16, 2023, Respondent filed and served its demurrer.  No opposition has been received. 

Analysis

            The proof of service states that Respondent served the demurrer on Petitioner by regular mail on March 16, 2023.  Petitioner is incarcerated and was served at High Desert State Prison, P.O. Box 3030 Susanville, CA 96127.

For a hearing on April 11, 2023, a motion served by regular mail was required to be served by March 10, 2023.  (CCP § 1005(b) [16 court days plus 5 calendar days for service by regular mail]; see also CCP §§ 12, 12c.)[1] 

Petitioner has not opposed the demurrer to waive the defect.  Because the demurrer was not timely served pursuant to statute, it must be overruled or continued.

Conclusion

The parties may address whether the demurrer should be overruled or continued.